IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150014999 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his record to show he is entitled to receive a Career Status Bonus (CSB). 2. He states he was never notified at his 14 1/2-year mark that he was eligible to elect the CSB. He was informed that he must wait until his 15-year anniversary to submit his election. He elected the CSB in late August 2011, after he hit his 15-year active duty mark. He adds he never received a briefing or was explained the entire process. He states that had he be given the correct information, it would have been a very easy process to do an Oath of Extension of his enlistment and submit the CSB paperwork. He adds he was informed that he was ineligible for the CSB because he did not meet the retirement criteria. However, he was told by the Fort Polk Finance Office and his career counselor to wait until he had met his 18-year anniversary. He says he resubmitted his paperwork after his 18-year anniversary, but he was informed that his application no longer met the requirement and it was denied. 3. He provides: * Self-authored statement * Supporting statement * DA Form 1695 (Oath of Extension), dated 5 December 2014 * DA Forms 2839 (CSB Election), dated 1 September 2011 and 8 December 2014 * Enlistment/Reenlistment Document * Chief, Army Retirement Services letter, dated 20 April 2015 CONSIDERATION OF EVIDENCE: 1. After having prior service in the Army National Guard, U.S. Army Reserve and the Regular Army (RA) on 22 March 2001, the applicant again enlisted in the RA. He was promoted to sergeant (SGT)/E-5 on 1 June 2005. 2. His official military personnel file (OMPF) shows he reenlisted in the RA on the following dates for the following periods: * 15 March 2005, 6 years, total active service 8 years, 8 months, and 17 days * 7 July 2008, 4 years, total active service 12 years and 12 days * 2 January 2011, 5 years, total active service 14 years, 3 months, and 13 days 3. The applicant provided: a. A DA Form 2839 that shows on 29 August 2011, he elected CSB in a single lump sum payment of $30,000 and his battalion commander signed the election form on 1 September 2011. b. A DA Form 2839 that shows on 8 December 2014, he elected CSB in a single lump sum payment of $30,000 and his battalion commander signed the election form on 8 December 2014. This form contains a date stamp of "Received 9 December 2014." c. A supporting statement from his commander who stated that the applicant was eligible for retirement with a retirement date of 18 September 2016. He said the applicant was never notified at his 14 1/2-year mark about the CSB election and was told he must wait until his 15-year anniversary to submit his election. He added that the applicant processed his CSB paperwork in mid-December 2011, but he was informed that he was ineligible for the CSB. He was told by the Fort Polk Finance Office and his career counselor to wait unit his 18-year anniversary. The applicant prepared the paperwork to resubmit after his 18-year anniversary, but his request was denied because he no longer met the CSB requirements. d. A letter from the Chief, Army Retirement Services, Office of the Deputy Chief of Staff G-1, dated 20 April 2015. In response to the applicant's request for an exception to policy (ETP) for the CSB, the agency representative stated that the DD Form 2839 submitted to the Defense Finance and Accounting Service (DFAS) showed he elected to receive CSB/REDUX (reduced retirement plan) on 9 August 2011. He said the retention policy control point change states that Soldiers in the rank of SGT who are eligible to take CSB must have submitted a completed form prior to 1 June 2011. The applicant had over 18 years of service as of 19 September 2014 and he was no longer eligible for CSB. However, had he been informed of his CSB eligibility at 14 1/2 years of service, as required, and elected to receive CSB before 1 June 2011, he could have received it. 4. Army Regulation 600-8-7 (Retirement Services Program) in effect at the time, states that installations are required to conduct monthly or individual CSB/REDUX briefings for eligible Soldiers once they complete 14 1/2 years of active duty service to help them decide between the CSB/REDUX or High-3 retirement plans. 5. The Military Reform Act of 1986 created the REDUX retirement system and it applied to all members who joined on or after August 1, 1986. The National Defense Authorization Act (NDAA) for FY2000 amended this system. The NDAA made two major changes: 1) it allowed those in this group to choose between the High-3 retirement system and the REDUX retirement system and 2) it added a $30,000 CSB as part of the REDUX retirement system. Those members who elected the CSB/REDUX retirement system at their 15th year of service receive a $30,000 CSB. To receive this bonus, the member must agree to complete a twenty-year active duty career with length-of-service retired pay under the 1986 Military Retirement Reform Act - 1986 MRRA or REDUX. Continuation beyond twenty years is possible, subject to service personnel management actions. However, the member's commitment with the CSB is only to the 20-year point. The entire $30,000 bonus, or first installment payment for those electing a multi-year payment option, is paid shortly after the member makes the CSB/REDUX election and commits to the 20-years-of-service obligation. If the member does not complete the obligation of the twenty-year career, the member must repay a prorated share of the bonus. DISCUSSION AND CONCLUSIONS: 1. The evidence shows DFAS indicated that the applicant elected CSB/REDUX on 9 August 2011. However, to be eligible for the program, the applicant should have submitted his request prior to 1 June 2011. 2. The Chief, Army Retirement Services stated that had the applicant been informed of his CSB eligibility at 14 1/2 years of service, as required, and elected to receive CSB before 1 June 2011, he could have received the CSB. 3. The evidence of record shows the applicant had 14 years, 3 months, and 13 days of active duty service at the time he reenlisted for 5 additional years on 2 January 2011. The regulation, as cited in paragraph 4 above, requires the installations to conduct monthly or individual CSB/REDUX briefings for eligible Soldiers once they complete 14 1/2 years of active duty service. It appears that the briefing did not occur. Therefore, in the interest of justice, it appears it would be appropriate to correct his records to show he elected CSB in a timely manner. BOARD VOTE: ___X_____ ____X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he submitted his request for a Career Status Bonus prior to 1 June 2011; b. showing his request was received and processed by the Defense Finance and Accounting Service in a timely manner; and c. paying him a lump sum bonus in the amount of $30,000 as specified on his DD Form 2839, dated 1 September 2011. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150014999 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150014999 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1